Regularise illegal constructions that comply with existing law in Delhi: SC



The bench said that all the affected residents of Delhi, who who claim that their constructions are in compliance of the present norms, can approach SC-appointed monitoring committee and governemnt panel headed by Delhi chief secretary for desealing of their premises.




NEW DELHI: Observing that more than one fourth of Delhi would be demolishe d if all constructions done illegally are razed, the Supreme Court A bench of Justices Sanjay Kishan Kaul and M M Sundresh said that those constructions, which are capable of being regularised, should be regularised and the rest should be demolished. “Time should be given to them to comply and if they do not comply then demolition be done. If capable for regularisation then the constructions should be regularised in cases where they were earlier violators but not violating the norms now. Realistic view has to be taken. If it is feasible to bring such constructions within the present norms then penalty should be imposed and regularise them,” the bench said. The court, however, made it clear that illegal constructions must be demolished if they cannot be regularised and said that there should be no sympathy for violators of law and Your Email Most Read Subscribe to our Newsletter 125000+ Industry Leaders read it everyday I have read Privacy Policy and Terms & Conditions and agree to receive newsletters and other communications on this email ID. CIDCO completes 12-storey PMAY tower in 96 days in Navi Mumbai CIDCO said the complex is in Bamandon in Navi… Urban Infra VC Fund seeks cancellation of Lodha SOBO JV project's MahaRERA registration Land sold after undertaking development activities should attract 18% GST: Madhya Pradesh AAAR YEIDA cancels land allotment for township over Rs 233 crore dues CBI files charge sheet against builder Avinash Bhosale in Yes Bank-DHFL scam This Week This Month  Rajkummar Rao buys apartmen…  Urban Infra VC Fund seeks can…  Axis Mutual Fund to launch Rs … Most Read in Regulatory This Month Realty TV Join No This Week In Focus  IndustrySpeak  City  Data & Analytics  Brand Solutions   NEWS SITES  31/07/2022, 18:35 supreme court: Regularise illegal constructions that comply with existing law in Delhi: SC, Real Estate News, ET RealEstate https://realty.economictimes.indiatimes.com/news/regulatory/regularise-illegal-constructions-that-comply-with-existing-law-in-delhi-sc/93165789 2/5 Regulatory supreme court delhi unauthorised constructions in Delhi Illegal construction in Delhi Delhi-NCR also pulled up the government for not enforcing the law over the years leading to massive unauthorised and illegal constructions across the national capital. The court questioned the Centre for repeatedly bringing ordinances to protect illegal constructions and said that the government should take care of the whole Delhi and not only central Delhi. The court took up the sealing matter after a gap of two years and now burdened with numerous applications filed by the aggrieved residents whose shops and premises were sealed. The case has been going on in the apex court for the last 37-years and it started when environmentalist M C Mehta filed a petition in 1985. The court said that the case could not go on indefinitely and the proceeding had to be wrapped up in a phased manner. Senior advocate A D N Rao, who is assisting the court as amicus curiae, submitted that the court should first examine the review plea seeking re-examination of its verdict by which it was held that court-appointed monitoring committee was not empowered to take action for sealing and demolition for unauthorised constructions and its role was confined to act against misuse of residential premises for commercial use. Rao said that many people filed applications after SC’s verdict and sought desealing of unauthorised constructions on the ground that the committee was not empowered to take action. Clipping the wings of the monitoring committee, which was appointed by the apex court in 2006 and has been undertaking a sealing drive against unauthorised construction apart from action against misuse of residential premises for commercial purpose and encroachment of public land, the apex court in August 2020 held that the panel never had the power to act against residential premises.


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